PART II - APPLICATION DATA

      (Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  General, Under Honorable Conditions

2.  Date of discharge (or REFRAD):  021204

3.  Authority for separation:

      a.  Regulation:  Chapter 14, Paragraph 14-12b, AR 635-200

      b.  Reason:  Pattern of Misconduct

4.  Prior review(s):  NONE



                         PART III - SERVICE HISTORY

                 SECTION A - Period of Service Under Review

1.    Service data:                              2.  Awards and
    decorations:
                                           AAM
    a.  Period entered for:  6 Years               NDSM
    b.  Entry date:  980821                        ASR
    c.  Age:  18 Years   DOB:  791230              OSR


    d.  Educational level:  HS Grad                C/Ach(3)


    e.  Aptitude area score:
          GT:  118                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
          4 Year(s)  3 Month(s)  8 Day(s)

                                               4.  Performance evaluations:

                                                   NONE

                         PART III - SERVICE HISTORY
           SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:

    Status       Inclusive dates
      AWOL         020708-020709;

      Mil conf

      Civil conf   020704-020707;

      Other


6.  Nonjudicial punishment:

      Date  Offense(s)
      020725     Control a truck while impaired by alcohol (020704); with
                 intent to defraud, falsely pretend to Bank of American
                 Credit Card Services, that you were authorized to make
                 unofficial purchases on government credit card, of a
                 value of about $780 (020412-020703); absent from unit
                 (020708-020709); derelict in performance of duties in that
                 you negligently failed to lock the cipher lock and secure
                 your keys (020702) (Field Grade);


7.  Court-Martial data:  NONE

      a.  SCM:
            Date   Offense(s)


      b.  SPCM:
            Date   Offense(s)


      c.  GCM:
            Date   Offense(s)


8.    Remarks:  Lost time reflected on DD Form 214 equals 6 days; applicant
              received nonjudicial punishment for a 2-day absence during
              same timeframe.  Additional days believed to be associated
with
              applicant’s first DUI arrest on 020704.  The official record
              contains two Hopkinsville Police Department Citations for
              DUI.

                       SECTION B - Prior Service Data
                                    NONE

Other discharge(s):

      Service    From  To    Type Discharge





                         PART IV - PREHEARING REVIEW

                       SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

      a.  Evidence of record shows that on 6 November 2002, the unit
commander notified the applicant of initiation of separation action under
the provisions of Chapter l4, AR 635-200, by reason of misconduct—patterns
of misconduct, with a general, under honorable conditions discharge.  He
was advised of his rights.  On 7 November 2002, the applicant consulted
with legal counsel, was advised of the impact of the discharge action, and
did not submit a statement in his own behalf.  The unit commander
subsequently recommended separation from the service and waiver of further
rehabilitative efforts.  The intermediate commander reviewed the proposed
discharge action and recommended approval of the separation action with a
general discharge.  On 21 November 2002, the separation authority waived
further rehabilitative efforts and directed that the applicant be
discharged with a characterization of service of general, under honorable
conditions.

      b.  On 4 December 2002, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 years, 3 months, and 8 days of
active military service and accrued 6 days of lost time in the period under
review.

      c.  The unit commander indicated that he was initiating separation
action for the following reasons:  DUI; wrongful use of government credit
card, dereliction of performance of duties; and, absenting himself from his
place of duty.  The applicant was arrested on two occasions for DUI, on 4
July 2002 and 21 September 2002.  He was convicted of the second DUI,
sentenced to 6 months in Christian Country Jail, 5 months and 5 days of
sentence were probated unsupervised for a period of two years subject to
certain terms and conditions outlined in the probation order.

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200
sets forth the basic authority for the separation of enlisted personnel.
Chapter l4 establishes policy and prescribes procedures for separating
members for misconduct.  Specific categories include minor disciplinary
infractions, a pattern of misconduct, commission of a serious offense, to
include abuse of illegal drugs, convictions by civil authorities and
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impractical or unlikely to succeed.  Army policy states that an under other
than honorable conditions discharge is normally considered appropriate, but
a general discharge under honorable conditions or an honorable discharge
may be granted.


                      SECTION B-APPLICANT’S SUBMISSIONS


1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

      A-1:  DD Form 293, dated 031130 , with seven (7) enclosure(s).
      A-2:  Counsel Issues:  NONE
      B-l:  Other Documents: NONE


                   PART IV - PREHEARING REVIEW (CONTINUED)

              SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor      ( ) Legal Advisor



      a.  Medical prehearing comments (if applicable):


      b.  Legal prehearing comments (if applicable):











                         PART V - SUMMARY OF HEARING

                      SECTION A-Attendees and exhibits

1.  Review/hearing information:


      a. Type requested:
         ( X ) Records review             (   ) Hearing

      b. Type Held:
         ( X )Records review              (   ) Hearing
                                          (   ) Tender Offer

      c. Review/hearing location and date:  Washington, D.C. on 25 August
2004.

      d. Appearance by:
         Applicant                 (   ) Yes   ( X ) No
         Counsel                   (   ) Yes   ( X ) No

      e.  Applicant testified:     (   ) Yes   ( X ) No

      f.  Counsel presentation:    (   ) Yes   ( X ) No

      g.  Witness(es) testified:   (   ) Yes   ( X ) No

2.  Exhibit(s) submitted at hearing:
                        PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

          ( X )  Same as those listed on DD Form 293 and Part IV, Section A
              of this case report and directive.
          (   )  Revised issue(s) furnished in writing by applicant as
              follows:
          (   )  Additional issue(s) identified during review/hearing as
              follows:

      b.  Request:  ( X ) Recharacterization     (   ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on
issues of propriety and/or equity:

      a.  Propriety:   The parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (2)  The issue is rejected.  See response to issue (1), below.

      b.  Equity:      The parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1)  The issue is rejected.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 There was a full consideration of all faithful and honorable service as
well as the infractions of discipline, the extent thereof, and the
seriousness of the offenses.  The Board noted the applicant’s contentions,
however, the Board found sufficient misconduct and substandard performance
in his official record to warrant the separation action under review.  The
Board also noted that the applicant received legal counsel on 7 November
2002.  The applicant's discharge was appropriate because the quality of his
service was not consistent with the Army's standards for acceptable
personal conduct and performance of duty by military personnel.  The
applicant provided no independent corroborating evidence demonstrating that
either the command’s action was erroneous or that the applicant’s service
mitigated the misconduct.  Before initiating action to separate the
applicant, the command ensured the applicant was appropriately counseled
about the deficiencies that could lead to separation.  The Board noted that
the command made an assessment thereafter of the applicant's potential for
becoming a fully satisfactory soldier, and the command appropriately
determined the applicant did not demonstrate the potential for further
military service.  The Board found no evidence of arbitrary or capricious
actions by the command.  The Board was satisfied that all requirements of
law and regulation were met and the rights of the applicant were fully
protected throughout the separation process.  The Board, being convinced
that the reason for discharge and the characterization of service were both
proper and equitable, voted to deny relief.


3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

                           PART VII - BOARD ACTION
                   SECTION A - Conclusions/Decisions/Vote

1.    Board conclusion(s):

      The discharge was:

      ( X ) Proper.
      (   ) Improper as to characterization.  Change characterization to
                                               .
      (   ) Improper as to reason.  Change reason to
                                   under                      .

      ( X ) Equitable.
      (   ) Inequitable as to characterization.  Change characterization to
                                         .
      (   ) Inequitable as to reason.  Change reason to
                                 
            under                                 .
      (   ) Both proper and equitable, but characterization/reason for
           separation cited was an administrative/clerical error and should
           be changed to                      under
                                   .

2.  Voting record:      Change   No Change
                  Reason       0         5
    Characterization       0         5

        The names and votes of the members of the Board are recorded in
Part IX of this document and can be obtained by writing to the address
below.  The request must contain the CASE NO. located in the upper right
corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1901 South Bell Street, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE
                           PART VII - BOARD ACTION
                 SECTION B - Verification and Authentication

Case report reviewed and verified

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

                                    NONE

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:




MARY E. SHAW
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge                  C - Other
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2003099743                    INDEX NUMBERS:  A9217
Date of Review:  040825                                   A9235
Character of Service:  GD                                 A0137
Date of Discharge:  021204
Authority:  AR 635-200 C14
Reason:  A6750
Results of Board Action/
Vote/Affirmation:  NC 5-0 A













                           PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC
UNCHAR

    1. LTC PROCTOR, ESMERALDA G.  Mbr          X                 X       

    2.      Mbr          X                 X       

    3.      Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X